AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P. Dated as of February 18, 2011Limited Partnership Agreement • August 2nd, 2011 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • Delaware
THIS AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P. (this “Agreement”) dated as of February 18, 2011, is entered into among AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation, as general partner (the “General Partner”), and AMERICAN REALTY CAPITAL HEALTHCARE ADVISORS, LLC, a Delaware limited liability company, as Limited Partner (the “Initial Limited Partner”), and the Limited Partners party hereto from time to time.
AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC. UP TO 175,000,000 SHARES OF COMMON STOCK EXCLUSIVE DEALER MANAGER AGREEMENT February 18, 2011Exclusive Dealer Manager Agreement • August 2nd, 2011 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York
American Realty Capital Healthcare Trust, Inc. (the “Company”) is a Maryland corporation that intends to qualify to be taxed as a real estate investment trust (a “REIT”) for federal income tax purposes beginning with the taxable year ending December 31, 2011, or the first year during which the Company begins material operations. The Company proposes to offer (a) up to 150,000,000 shares of its common stock, $.01 par value per share (the “Shares”), for a purchase price of $10.00 per Share (subject in certain circumstances to discounts based upon the volume of shares purchased), in the primary offering (the “Primary Offering”), and (b) up to 25,000,000 Shares for a purchase price of $9.50 per Share for issuance through the Company’s distribution reinvestment plan (the “DRP” and together with the Primary Offering, the “Offering”) (subject to the right of the Company to reallocate such Shares between the Primary Offering and the DRP), all upon the other terms and subject to the conditions
ADVISORY AGREEMENT BY AND AMONG AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., AND AMERICAN REALTY CAPITAL HEALTHCARE ADVISORS, LLC Dated as of February 18, 2011Advisory Agreement • August 2nd, 2011 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York
THIS ADVISORY AGREEMENT dated as of February 18 , 2011, is entered into among American Realty Capital Healthcare Trust, Inc., a Maryland corporation (the “ Company ”), American Realty Capital Healthcare Trust Operating Partnership, L.P., a Delaware limited partnership (the “ Operating Partnership ”), and American Realty Capital Healthcare Advisors, LLC, a Delaware limited liability company.
SUBSCRIPTION ESCROW AGREEMENTSubscription Escrow Agreement • August 2nd, 2011 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York
THIS SUBSCRIPTION ESCROW AGREEMENT dated as of February 18, 2011 (this “Agreement”), is entered into among Realty Capital Securities, LLC (the “Dealer Manager”), American Realty Capital Healthcare Trust, Inc.(the “Company”) and Wells Fargo Bank, National Association, a national banking association, as escrow agent (the “Escrow Agent”).
PROPERTY MANAGEMENT AND LEASING AGREEMENTProperty Management & Leasing Agreement • August 2nd, 2011 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts • New York
This property management and leasing agreement (this “Management Agreement”) is made and entered into as of the 18th day of February, 2011, by and among AMERICAN REALTY CAPITAL HEALTHCARE TRUST, INC., a Maryland corporation (the “Company”), AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P., a Delaware limited partnership (the “OP”), and AMERICAN REALTY CAPITAL HEALTHCARE PROPERTIES, LLC, a Delaware limited liability company (the “Manager”).
FIRST AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP OF AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P.Agreement of Limited Partnership • August 2nd, 2011 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts
This FIRST AMENDMENT TO AGREEMENT OF LIMITED PARTNERSHIP of AMERICAN REALTY CAPITAL HEALTHCARE TRUST OPERATING PARTNERSHIP, L.P. (the “Partnership”), is entered into as of August 1, 2011, between American Realty Capital Healthcare Trust, Inc., the general partner of the Partnership (the “General Partner”), and American Realty Capital Healthcare Trust Special Limited Partnership, LLC, the special limited partner of the Partnership (the “Special Limited Partner”).
FIRST AMENDMENT TO ADVISORY AGREEMENTAdvisory Agreement • August 2nd, 2011 • American Realty Capital Healthcare Trust Inc • Real estate investment trusts
This FIRST AMENDMENT to ADVISORY AGREEMENT is entered into as of June 23, 2011, among American Realty Capital Healthcare Trust, Inc. (the “Company”), American Realty Capital Healthcare Trust Operating Partnership, L.P. (the “OP”) and American Realty Capital Healthcare Advisors, LLC (the “Advisor”).
